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JIMINEZ v. CITY OF NEW YORK

7 A.D.3d 268 (2004)

775 N.Y.S.2d 530

ANA JIMINEZ, by Her Mother and Natural Guardian, ANDREA JIMINEZ, ET AL., Respondents, v. CITY OF NEW YORK, Defendant, and NEW YORK CITY HOUSING AUTHORITY, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

May 4, 2004.

Defendant failed to rebut the presumption in Local Law No. 1 (1982) of the City of New York "that, in any building erected prior to 1960, peeling paint in a dwelling unit occupied by a child six years of age or under comprises a hazardous lead condition" (Juarez v Wavecrest Mgt. Team, 88 N.Y.2d 628, 647 [1996]). Given the presumption, it was defendant's burden to show the absence of hazard, not plaintiff's to show its existence ...

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